Terms & Conditions
This document contains the General Terms and Conditions of Sale governing online purchases made through the website www.beakery.it (hereinafter "Website"), owned by Cosmetics Group S.r.l. (hereinafter "beakery") with registered office in San Marzano sul Sarno (SA) CAP 84010, Via Papa Giovanni Paolo II n.3, P.IVA 06195520652, R.E.A. SA – 504548.
Products and services purchased on the Website are sold directly by Cosmetics Group S.r.l.
Beakery reserves the right to modify these General Terms and Conditions of Sale at any time; any new rules will be effective from the moment of their publication on the Website and will apply to sales made from their publication.
Beakery invites you to carefully read these General Terms and Conditions of Sale before making any purchase through the Website to allow for their reproduction and storage in compliance with Article 12, paragraph 3, of Legislative Decree 70/2003. For any requests, doubts or questions regarding the Conditions and the Website, you can contact us by sending an email to help@beakery.it
All purchases of Products made through the Website (hereinafter "Purchase Contracts") by users accessing it (hereinafter "Customers" or "Customer") are governed by these Conditions, as well as by the Consumer Code, Legislative Decree 206/2005, Distance Contracts Section, and by the e-commerce regulations of Legislative Decree 70/2003.
The personal data and information provided by Customers accessing the Website will be processed by beakery in accordance with the provisions of current legislation on personal data protection (EU Regulation 2016/679 GDPR).
1. Permitted Use of the Website
- 1.1 By placing an order from the Website, the Customer guarantees to be of legal age and to possess full legal capacity to place orders.
- 1.2 By placing an order from the Website, the Customer agrees not to place false and/or fraudulent orders.
- 1.3 By placing an order from the Website, the Customer agrees to place legally valid orders.
- 1.4 By placing an order from the Website, the Customer agrees to provide us with their true and correct email address, postal address, and other contact details.
2. Products
- 2.1 Beakery offers for sale on the Website cosmetic products for skincare, body care, and related accessories under the beakery brand (hereinafter, "Products" or "Product").
- 2.2 Prices, descriptions, and availability of the Products offered by beakery are specified in the respective sections of this Website.
- 2.3 Beakery undertakes to describe and present the items sold on the website in the best possible way. However, some errors, inaccuracies, or small differences between the website and the actual product may be highlighted. In case of differences, the label shall always prevail.
- 2.4 The photographs of the products presented on the Website do not constitute a contractual element, as they are only representative and have a purely indicative value.
- 2.5 Beakery does not guarantee the correspondence of the visual representation of the Products on the Website with the actual Products.
3. Product Availability
- 3.1 Product availability refers to the actual availability at the time the Customer places the order on the Website. However, this availability must be considered purely indicative due to the simultaneous presence of multiple potential buyers on the Website. If a Product indicated as available at the time of the Customer's order is no longer available for the reasons mentioned above, beakery will duly inform the Customer via email at the address provided by the Customer.
- 3.2 Notwithstanding all of the above, the Customer accepts that even after beakery sends the order confirmation email, sporadic cases of partial or total unavailability of the ordered Products may occur. In this case, the Customer will be informed by email by beakery, which will ship the order within 60 days from the date of purchase by the Customer. If the Customer requests the cancellation of the order, thereby terminating the Contract, beakery will arrange for a refund of the full amount paid within 30 days of receiving the relevant communication of the Customer's order cancellation. The refund will be made using the same method adopted by the Customer for payment of the order.
4. Product Prices
- 4.1 The prices of the products offered for sale on the beakery Website are indicated in euros, inclusive of VAT and all other applicable taxes and duties, but exclude delivery costs, which are to be added to the total amount payable, and any customs duties and/or local tariffs, which are the responsibility of the recipient.
- 4.2 The Customer accepts beakery's right to modify the prices of the Products and the shipping cost contribution at any time. For the purpose of payment by the Customer of the amount of the relevant purchase order for the Products, the price indicated on the Website at the time of the creation of such order and indicated in the confirmation email sent by beakery to the Customer shall prevail.
5. Payments and Invoicing
- 5.1 Payment for purchased Products can be made online at the time of order. The Customer can choose from the following payment methods: credit card, PayPal, and Apple Pay. Beakery accepts the following credit cards: VISA, MASTER CARD, AMERICAN EXPRESS, POSTEPAY.
- 5.2 Credit cards will be subject to verification and authorization by their issuer. By clicking "Authorize Payment," you will confirm that the credit card belongs to you. If such entity does not authorize payment, we will not be able to finalize the Purchase Contract with the customer, and beakery will not be responsible for any delay or non-delivery of the Products.
- 5.3 In case of payment by credit card pursuant to the preceding article 5.2, the Customer must provide the requested data. It is understood that such data will be managed directly by the issuing institutions. In case of a successful purchase transaction, the payment system will send the Customer a confirmation email of the completed transaction.
- 5.4 In case of payment by Apple Pay or Google Pay pursuant to the preceding article 5.2, the Customer must provide the requested data. It is understood that such data will be managed directly by Apple or Google.
- 5.5 Paypal: The Customer is redirected to the PayPal website, where they must enter their data and proceed with payment. With Paypal, the Customer's banking information is never communicated to beakery. Payment via PayPal is available for all customers who wish to use PayPal to pay with their credit card and for all customers who have a PayPal account.
- 5.6 Beakery issues an invoice for the purchased Products when the order is taken over by the courier, sending it via email to the Customer. No changes to the data will be possible after the invoice has been issued.
6. Promotions and Discount Vouchers
- 6.1 Any discount vouchers or promotional codes can be entered when the Customer fills out the purchase order.
- 6.2 In the absence of specific communication, the discount voucher cannot be combined.
7. Order Refusal
- 7.1 Beakery reserves the right, in any case, to suspend or cancel, at its discretion and at any time, the execution of an Order and/or the shipment of ordered products in the event of non-payment or partial payment of any sum due from the Customer, in case of late payment or in case of fraud or attempted fraud through the use of the beakery Website.
- 7.2 Beakery reserves the right to refuse orders from a Customer who has been involved in fraud of any kind and, in particular, in credit card payment fraud.
- 7.3 Beakery also reserves the right to refuse orders from Customers who have provided identification data that proves to be false, incomplete, or otherwise inaccurate.
- 7.4 Beakery reserves the right to refuse an order submitted by the Customer, at its discretion, without the Customer being able to make any claims, of any nature, including for compensation, in the event of non-acceptance of the order.
8. Product Shipping, Delivery, and Acceptance
Below you will find all information on Beakery order shipping times, costs, and methods.
- 8.1 Products are delivered to the address indicated at the time of order and stated in the order confirmation you receive via email. We ask you to verify the correctness of the address entered: Beakery is not responsible for non-deliveries due to incorrect or incomplete addresses, and any re-shipping costs may be charged to you.
- 8.2 Delivery times vary based on the chosen method and destination and are purely indicative. For orders in Italy, standard shipping is 3 - 5 business days (excluding islands). In case of exceptional events, times may extend up to a maximum of 5 business days (excluding Saturdays, Sundays, and holidays). For islands, times may be slightly longer.
- 8.3 Shipping costs (Italy)
- Orders under € 49.00 (VAT included): € 4.90 (VAT included)
- Orders equal to or over € 49.00 (VAT included): free shipping
The exact cost is still shown at checkout, before payment.
- 8.4 Orders are shipped via local shipping agencies or BRT / SDA / GLS. Once the order has been shipped, you will receive an email with the tracking number to follow the delivery.
- 8.5 Beakery is not responsible for delays attributable to the courier, force majeure, or events beyond its control. If it is not possible to meet the indicated delivery times, we will inform you, offering you the option to agree on a new delivery date or to cancel the order with a refund of what was paid.
- 8.6 Upon receipt, we invite you to promptly check that the delivery includes all and only the purchased products and to report any defects or discrepancies with the order by writing to help@beakery.it. We remind you that defective products are covered by the 24-month legal guarantee of conformity provided for by the Consumer Code.
- 8.7 During sales, promotions, or holidays, processing and delivery times may be slightly extended. Thank you for your understanding.
For any questions about shipments, you can write to us at help@beakery.it.
9. Shipping Costs, Taxes, and Duties
- 9.1 The shipping costs of the Products are not included in their purchase price stated on the Website but are indicated and calculated at the time of completing the purchase process and before making payment.
- 9.2 If the Products are to be delivered to a country not belonging to the European Union, the total price indicated in the order and reported in the order confirmation sent by beakery via email, including indirect taxes (if applicable), is net of any customs duties and any other sales taxes, which the Customer undertakes to pay, if due, in addition to the price indicated in the order and reported in the order confirmation, as provided for by the legal provisions of the country where the Products will be delivered.
- 9.3 Any and all additional costs, charges, duties, taxes, and/or fees that a country may apply, for any reason, to the Products ordered on the Website under these General Terms and Conditions of Sale shall be the sole responsibility of the Customer.
- 9.4 The Customer declares and accepts that the lack of knowledge – at the time of sending an order to beakery – of costs, charges, duties, taxes, and/or fees of any nature shall not in itself constitute a cause for termination of these General Terms and Conditions of Sale nor of the Contract, and, in any case, the Customer shall not in any way charge the aforementioned costs to beakery.
10. Purchase Procedure
- 10.1 The Customer can start the purchase process by selecting the products of interest and adding them to the "Cart".
- 10.2 To proceed with the purchase of the Products, the Customer must fill out and send the order form available on the Website to beakery, choose the delivery method, and accept the contribution for delivery costs.
- 10.3 After this operation, the Customer will see a screen containing a summary of the purchase order, including delivery costs, with a request for further confirmation to proceed with the purchase.
- 10.4 After viewing the summary, the Customer must select the desired payment type and send the order by clicking on the appropriate button.
- 10.5 The submission of the order by the Customer determines the conclusion of the contract and gives rise to the Customer's obligation to pay the price, taxes, and any additional charges and expenses.
- 10.6 The Website offers the option to purchase Products as a guest, where only the essential data needed to process the Order are requested. Upon completion of the purchase process, you will be offered the option to register as a user or to continue as an unregistered user.
11. Method of Contract Formation
- 11.1 All information presented in the Conditions does not constitute a public offer, but an invitation to define a contractual proposal.
- 11.2 The order sent by the Customer has the value of a contractual proposal and implies full knowledge and acceptance of the Conditions.
- 11.3 The Purchase Contract between beakery and the Customer shall be deemed concluded with the sending by beakery of the order acceptance communicated via email to the Customer's address (hereinafter "Order Confirmation"). The email will contain, in addition to the legally required information, all the data entered by the Customer, who undertakes to verify its correctness and to promptly communicate any errors. Possible increases in expenses caused by data errors not promptly reported by the Customer will be the exclusive responsibility of the latter.
12. Force Majeure Events
Beakery shall not be liable for any failure or delay caused by events beyond its control. Force Majeure Events mean any act, event or incident beyond any control, including but not limited to: natural disasters, terrorist acts, strikes, blackouts; unpredictable or unavoidable events that cause a delay in deliveries or make deliveries impossible.
13. Right of withdrawal reserved for consumers
- 13.1 In accordance with the legal provisions in force, the Customer who is also a "consumer" within the meaning of the Consumer Code has the right to withdraw from the Purchase Agreement without any penalty and without specifying the reason within 14 days from the date of receipt of the Products. Pursuant to Art. 59 of the Consumer Code (Legislative Decree no. 206 of 2005 and subsequent amendments), the right of withdrawal referred to in this article is excluded in the case of the purchase of sealed Products that are not suitable for return for hygienic reasons or health protection and have been opened after delivery (Art. 59, letter E of the Consumer Code).
- 13.2 It is understood that in the case of multiple purchases made by the Customer, who is also a "consumer" within the meaning of the Consumer Code, with a single order and delivered separately for any reason, the 14-day period will run from the date of receipt of the last Product purchased with the same order.
- 13.3 The Customer, who is also a "consumer" within the meaning of the Consumer Code, who intends to exercise the right of withdrawal must notify beakery via an explicit statement, which must be sent by e-mail to help@beakery.it
- 13.4 In the event of exercising the right of withdrawal, the Customer is required to return the Products within 14 days from the date on which they notified beakery of their intention to withdraw from the Contract. The Products must be returned to Cosmetics Group Srl, Via Papa Giovanni Paolo II, N.3 San Marzano sul Sarno (SA) 84010, using a carrier of their choice, without undue delay and in any case within 14 days from the day they communicated their decision to withdraw from the Contract; the direct costs of returning the Products are borne by the customer.
- 13.5 The Products must be returned intact, in their original packaging, complete in all their parts (including packaging and any documentation and accessory equipment) and all attached tax documentation.
- 13.6 The refund will be denied if: 1) the Product is returned damaged and/or worn; 2) the Product has been visibly used; 3) an item different from the Product to be returned is returned.
- 13.7 Without prejudice to the right to verify compliance with the return conditions set out above, beakery will refund the amount of the Products subject to withdrawal, excluding return costs, within a maximum period of 14 days. It is understood that beakery may suspend the refund until receipt of the Products and verification of the correct compliance, by the Customer, of all return conditions.
- 13.8 Beakery will arrange the refund using the same payment method chosen by the Customer when concluding the Contract.
14. Beakery's disclaimer and exemption from liability
- 14.1 The Customer is advised to ensure that they are not allergic to any of the ingredients of the Products before application. Beakery shall not be held liable for any reactions to the ingredients of the products sold. None of the Products should be used as a substitute for clinical/medical treatments. Any usage advice provided on the Website is for informational purposes only.
- 14.2 Beakery endeavors to present the Products on the Website as truthfully and accurately as possible. However, the display of the colors of the Products also depends on the user's monitor and, consequently, beakery cannot guarantee that the Customer's monitor portrays the colors of the Products in a perfectly faithful manner to reality.
- 14.3 Except in cases of willful misconduct or gross negligence, beakery shall not be liable to the Customer under any circumstances as a result of:
– damages or losses of any nature, including but not limited to, direct, indirect, incidental and consequential damages, arising directly or indirectly from the use or inability to use the Website;
– damages or losses of any nature, including but not limited to, direct, indirect, incidental and consequential damages, arising directly or indirectly from the Products (or their use by the Customer), without prejudice in any case to the application of mandatory legal provisions regarding product liability;
– damages not caused by beakery's serious breach;
– loss of business or commercial opportunities.
Within the limits specified above, beakery's liability shall in any case not exceed the price paid by the Customer for the Product that caused the damage complained of.
14. Non-conformity of products and defective products
- 15.1 The Products offered on the Website comply with national and EU legislation.
- 15.2 In the event that you believe that at the time of delivery the Product does not conform to what is described on the Website, and in any case to what is stipulated in the contract, and in the case of a faulty or defective Product, the Customer will be entitled to a refund of the price paid for the Product if the non-conformity, fault or defect is actually present. To this end, the Customer must immediately contact beakery by sending an email to help@beakery.it Consequently, after the necessary checks, you will be informed of the modalities of the refund.
- 15.3 In any case, the provisions regarding the Legal Guarantee of Conformity of goods provided for by the applicable legislation on the matter and in particular by the Consumer Code (Legislative Decree 206/2005, Part IV, Title III, Art. 128 et seq.) are reserved.
16. Communications and complaints
- 16.1 All communications addressed to beakery must be sent through the appropriate tools available on the Website.
- 16.2 Beakery reserves the right to send any communications via e-mail or post to the address provided when placing the order.
17. Intellectual Property Rights
- 17.1 All content on the Website and in the Products, such as copyrights, trademarks, and any intellectual property rights over the content and materials of the Website, are owned by beakery and are protected by copyright and other intellectual property laws. Any use, even partial, thereof is prohibited without the prior written authorization of beakery, to which all related rights are exclusively reserved.
- 17.2 Any use of the content and materials of the Website for training artificial intelligence (AI) systems, as well as the use of automated data scraping tools, is strictly prohibited.
- 17.3 Beakery has the right, at any time, to claim ownership of any Content published on the Website and in the Products and to object to any use, distortion, or other modification of such Content.
18. Partial Nullity
Should any provision of the Conditions, or part thereof, be invalid, unlawful or unenforceable by the competent Authority, even in part, or if there is a gap in the provisions of the Conditions and/or the contract, the remaining provisions shall in any case remain valid, effective and enforceable.
19. Applicable Law and Competent Court
- 19.1 The General Conditions and any purchase contract concluded between the Parties are governed by Italian Law, without prejudice to any other prevailing mandatory law in the Customer's country of residence.
- 19.2 In the event of a dispute arising from the interpretation and/or application of the General Conditions, the Consumer's Court, i.e. the court of the Customer's place of residence or domicile, if located in Italian territory, will have jurisdiction.
20. Complaints
For any complaints, please contact beakery by filling out and submitting the form available on the Website or by email to the following address help@beakery.it
The customer service will handle the received complaint as soon as possible and, in any case, within the legally stipulated terms.
21. Privacy
The Customer must review the privacy policy provided on the E-commerce in the Privacy Policy area.